There is much more to it than just typing up a Special Needs Trust for you. The attorney you select to help you must have at least a basic understanding of the area of special needs, which includes:
- The extent or consequences of a disabled person’s limitations
- The stress and time commitments involved in providing care toproviding care to a disabled person
- The care provider’s need for periodic respite
- How hard it is to find reliable respite services
- The various governmental rules and regulations, both state and federal, that come into play when a person is receiving or desires to receive governmental benefits – financial assistance rules that are being “tightened down” more and more each year.
... among others
If you don’t have an attorney perhaps the following can help: First, ask other parents in your support group for their recommendations. Second, locate the president of your local/city/county bar association and ask him for his recommendations. Very often, local bar associations have lawyer referral services that screen attorneys for qualifications for you. If your bank has a trust department then ask the Trust Officer in charge. CPAs often work with attorneys, so asking the person who does your taxes might be a good idea, as well as your insurance agent or financial planner.
Additionally, there is a relatively new organization called the "Academy of Special Needs Planners" which is a great organization that has members all over the country. While membership doesn't guarantee quality, there is a rather hefty membership fee, which at least indicates an attorneys interest and motivation in this practice area.
You can look at their members online at http://www.specialneedsanswers.com
We're building a database of advisors for our website. It's not up yet, but will be soon. You can find us at http://snplanning.com
Until Next time,
Mark Albertson
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